A Protective “No”

My father was a lawyer; I am a lawyer. I have never experienced not having a lawyer easily, and cost-effectively, at hand. And, I ponder often about the reality (and inequity) of most people not benefiting from a relationship with a good lawyer and often not having funds to pay for excellent legal work.

The email I reproduce below (names purposely changed) prompted this blog post, for the notion that more people might be able to avoid costly legal problems by at least getting a “no” from a lawyer. I provided my quick and prompt “no” response to the following email. By at least asking for my reaction to the email, the son now is able to stay away from the faulty prenuptial planning referenced in the email. He was smart to “cc” me with the email:

Hey dad,

As you know Jane and I are getting married soon.

We love each other and I can’t imagine anything bad happening in the future, but I’ve heard some really ugly divorce stories about other marriages.

Just to be safe and to protect my inheritance, I want to look into a prenup.

I’ve read online that you can print a free document and have it notarized, but I don’t know if this will hold up in court. (think it will)

If I go through an attorney, then it will cost $2000 for the document.

Can you check with James to see what he recommends?

Thanks,

John

This absence of lawyer-oversight, in my opinion, ultimately opens the door down the road for costly litigation and legal problems, far more expensive than if preventive planning had been in place. Jimmy Carter, during his presidency, spoke (in 1978) at the 100th anniversary of the Los Angeles Bar Association and, in part, said: “Ninety percent of our lawyers serve 10 percent of our people. We are over-lawyered and under-represented.”

I intentionally restrain in this blog post from railing against certain aspects of our legal system. But, the above email is in line with the point that many people can be much better off in the thicket of our legal system if they — at a minimum – seek legal counsel to ask if they should not do something, as follows.

Most typically, a client engages a lawyer to move forward and create something for the client; for example, a sales contract, stock agreement, estate planning document, lease agreement, intellectual property protections, tax-savings planning, etc.

This moving forward for generating a document or plan-of-action also includes the lawyer inevitably having to consider and take into account what the client should not be doing. [As an aside, my comments for this blog post center on non-litigation legal work and on preventive efforts to reduce or avoid exposure to litigation.]

The above slice of the lawyer’s work dealing with the “should not be doing” element is itself an independent option for people who, for whatever reason, do not wish to pay for the lawyer to move forward with document(s) or a plan-of action.

There can be great value in being able to ask a lawyer about what one should not do, such as not signing a proposed employment agreement, not signing a proposed business document, not signing lawsuit settlement papers, not obtaining an internet Last Will and Testament or other free or low-cost legal documents. In other words, at least knowing what not to do reduces a considerable number of costly legal issues and problems down the road.  A protective “no.”

Kane Law changing to KaneTreadwell Law

I am pleased to announce that Atlanta lawyer Cheryl R. Treadwell on May 1 will be joining me in our new law firm KaneTreadwell Law.  We will relocate our offices to the Monarch Plaza in Atlanta on Peachtree Road (across from Lenox Square).  Cheryl started her career in Chamberlain Hrdlicka’s litigation group.  She was also a lawyer in the City of Atlanta’s legal department. We both bring together our experience in a way that will be more broadly beneficial for our clients.  More details to follow.

A Belated Fathers’ Day Post to Lawyers Who Are Fathers

My wife and kids are out of town for the summer, which has given me a great deal of time alone with our two dogs to ponder the ideas leading up to this belated Fathers’ Day post. This post is directed primarily to fathers who are lawyers. But, it has universal application for all fathers.

This is a philosophical post. And, I realize it may not be of interest to some readers; if so, simply stop reading here. Another reason for this post is that I am purposely adding it digitally to the perpetual web for my wife and kids, for their access now and later.

Here is the point of this blog. Lawyers are called upon to be the Rock of Gibraltar for handling important matters that affect clients’ lives and well-being. Lawyers are often the last resort with a responsibility that allows the buck to pass to no one else. The responsibility lies fully with the lawyer. Success or failure.

A lawyer when called upon to act or protect the interests of his or her clients cannot take on that important responsibility with an “I can’t”, “yes-man”, doubtful, or weak mindset. The lawyer – in the midst of the uncertainty with any disputed issue — must stand firm and resolute, reacting to the inevitable ebb and flow of the task that includes at times hope, doubt, praise, criticism, wins, losses, elation, disappointment, diversions and fatigue.

Here is my belated Father’s Day point:

My guess is that most lawyers (including me) pass along to their children the notion of being at all times strong, at all times resolute, at all times independent, at all times possessing a strength of mind and presence to handle any situation. All beneficial characteristics that can enable a child to chart life as he or she so chooses for any situation, no matter how difficult.

But, this heavy emphasis on strength and self-reliance also carries with it a strongly unspoken denial of our children’s feelings and emotions. Ask the children or spouse of a lawyer if my above summary is off point. My guess is it accurately fits most lawyers (both mothers and fathers who are lawyers).

On the flip side, which is an epiphany for me during this summer solitude, is what we lawyers fail to give our children.

That is, blinded by wanting our children to possess lawyer-like strength and fortitude, we lawyers do not allow our children to experience more fully their own development and metabolism of how to deal with their vulnerabilities.

We effectively thwart and constrict our children’s emotional bandwidth in response to how they otherwise can (and will) evolve when faced with struggles, disappointment, emotional-pain, periodic feelings of weakness, doubt, etc. Merely expecting our children to act like junior-lawyers in response to life and their circumstances is a kind of parental fundamentalism. Not much different than parents who believe religious fundamentalism gives their children an upper edge.

So, fathers; by all means continue to help your children develop strength and fortitude. These are gifts you are giving them. However, the change I recommend (that applies to me as a father) also is to allow room for your children to experience and develop their own response to the vast array of feelings and emotions that life presents. Against the backdrop of strength and fortitude, do not expect or require a sobriety of emotion for your children.

To Your Lawyer: “Would You Buy Your Own Legal Services?”

The theme of this post is for the legal services consumer simply to ask his or her lawyer the following question: “Would you buy your own legal services from your law firm, and why?”  And, I am not suggesting there cannot be a suitable, good reply to this question. I am saying the question helps consumers consider relevant factors in assessing legal services, including my recommendations below.

Among my persistent attempts to try and compel clients to consider preventive legal and tax planning to avoid down-the-road costly disputes and legal fees, I harp on the point that a legal services consumer faces the following economic conundrum when obtaining legal services, whether preventive or litigation, etc.:

  • There is realistically no way the consumer can gauge the quality of the legal services he or she receives; and

  • Without being able to assess the quality, the consumer has no idea of what the market cost is (or should be) for the legal services.

Considering the above two factors, and because law firms typically measure lawyer performance primarily on a lawyer’s billable hours, the consumer absolutely must keep a close eye on the efficiency of how his or her lawyer provides legal services.

Among the factors you, as a client, can consider are:

(1) Does your lawyer care about your situation or case? This might sound trite, but I believe most clients are able to perceive this important factor.  In other words, you do not want to be merely a cog in the wheel of your lawyer’s busy workload.

(2) Does your lawyer push down most of the work to lower level members of the law firm? This arises when your invoice shows 3 or 4 (or more) different billing lawyers, and in most cases newer lawyers, who are charging time to your file. Essentially, you are helping pay to train these other lawyers.

There is no doubt that some work can be handled well by newer lawyers in the firm; but keep an eye on whether these other lawyers are predominantly on the steep side of the learning curve. Require a balance by limiting this push-down approach. Let someone else pay the bulk of their training. Don’t just leave this factor open-ended.

Accordingly, and especially during the what-if, strategic, and developmental stage of your legal work, ask your lawyer to handle the bulk of your work himself or herself, without merely passing it down to a multitude of lesser-experienced lawyers. The judgment and experience of a more seasoned lawyer provide the greater value for legal services, compared merely to the lower hourly-rates of newer lawyers.

(3) Does your lawyer bring other lawyers to his or her meetings and telephone conferences, essentially as the note takers? How many meetings have you attended where the note-taking lawyers essentially say or contribute nothing during the meeting? Discuss this set-up with your lawyer and ask if (and why) this is necessary for your situation.

(4) Does your lawyer use email and other modern digital technology to enhance his or her efficiency? This may possibly reflect where your lawyer falls on the scale of creative openness to change and progressive ideas. [Some lawyers still refuse to use email and have their assistants print hard copies of their emails.]

(5) Do you get trailing U.S. mail hard copies of letters and memos from your lawyer 2 or 3 days after the matter has already been addressed or completed with earlier emails, phone calls, etc.? Tell your lawyer you do not need these hard-copy mailings to the extent of the related additional time charge and expense.

(6) Ask your lawyer, as part of his or her work, to provide you with short, bulleted, talking-point emails, letters, and memos. This suggestion goes to how much of your invoice reflects the time-consuming, law-review mentality among most lawyers (including me).

That is, by our nature and competitive law school training, we lawyers prefer that every single communication we provide to clients (and to anyone) be law-review perfect.  An A+ grade product.  This A+ approach is, no doubt, a necessary and essential goal for final court papers, briefs, legal documents, contracts, trusts, etc. And, a lawyer’s mindset and thought-process at all times must be at an A+ quality level.

But, for every email, memo, or draft document, if your lawyer clocks you for final, law-review perfection you will end up with a much larger legal bill than necessary.  Tell your lawyer on the front end: “For letters, emails, memos, etc., give me only a rough outline of ideas first and we can discuss them as we progress along, etc.” Then, as necessary, your lawyer can polish to law-review perfection the final communications or other documents. This recommendation goes directly to the time-efficiency and cost-effectiveness of your legal services.

(7) Finally, my late father was a lawyer. I am a lawyer. The point here is that most lawyers handle the bulk of their own legal needs.  Few lawyers (including me) face — as a consumer — the burden of paying a legal invoice. Lawyers can, however, be empathic and place themselves in the clients’ shoes so as to help better address how a client more effectively can obtain legal services.

A Wedding Anniversary Blog Post for my Wife Today 10-11-16 (it is not easy being married to a lawyer).

We were looking at old family videos last night.  Below is a screenshot.  I am very fortunate to have my wonderful wife Andrea. It is not easy for her (or anyone) being married to a lawyer, a notion I try and keep in mind as much as possible with my family and friends. That is all I say in this post, so as not to take away from this blog-post anniversary wish for my wife Andrea.   All my love from James.

kane-wedding-photo-10-11-16

Underhand Free-Throws (basketball): Your Threshold?

In short, the key point of this blog post is about the “threshold” of your own lawyer.  Is he or she too overly concerned about what others think? Is your lawyer too much a people-pleaser?  Simply a salesman?  Or, on the other hand, is your lawyer so blind to others that he is a sloppy, shoot-from-the-hip gunslinger?

My related basketball discussion below helps illustrate the point that we generally each have our own threshold level. Make sure you think about this when you choose a lawyer.

Now, more about this threshold.  I listen frequently to podcasts. They provide an enjoyable, easy, brief glimpse at some of the most cutting edge and progressive thinkers. These podcasts help expand my understanding of where our world is, and where it is heading. I find this extremely exciting, for lack of a better word. And, informative in ways that I try to adapt to my personal and lawyering life.

Now, what about basketball?  A recent This American Life podcast, called “Choosing Wrong”, includes a striking discussion about the underhand free-throw in basketball. It includes a great interview with former NBA star Rick Barry, who holds the best free-throw percentage in NBA history. He used an underhand free-throw style. Click here for the podcast.

But, the broader point of this podcast goes beyond basketball. The podcast addresses the notion of each person’s own threshold. That is, in general terms, how many other people does it take for a person to cave-in and follow the crowd, contrary to their own personal preference?

In other words, how confident and independent is a person and what is that person’s threshold for sticking to his or her own ideas, choices, preferences, etc.?

This podcast, better than any other method I have heard, poignantly lays this question fundamentally before the listener.